Billy_NoMates

Just after any information anyone might have.

I was offered a job in Oz way back in May. I filled out a 136 Skilled migration visa with the missus as the secondary applicant. On finding out it would take a couple of light years to get our visa that way the company sponsored me. That's great, I'm sponsored until 2011. However, as the 457 happened so quickly, we couldn't risk the missus applying for a visa and having to wait another umpteen weeks/months for some sort of visa. So...she came over on an ETA. 3 months is nearly up and we're looking at a tourist visa for 12 months. That again is OKish but we've been told she will not get an extension after 12 months. So basically she has 12 months until she has to leave.

My question is...

What avenues do we have to enable her to stay in the country while I'm here? The company won't sponsor her as she isn't working for them. I was thinking of resigning and getting them to re-sponsor me and her but not quite sure if that would work.

So does anyone have any experience in this situation or have any suggestions for us.

Cheers a million,.....

znaylor1974

That's my understanding too - my missus and kid were put on the 457 too. Sounds like you need some professional advice urgently.

Hope it works out.

Billy_NoMates

I don't know why she wasn't put on the 457 to begin with. It's just now the company won't/can't so we're stuck. We're going to make an appointment with immigration to see what our options are. Just wondered if you guys knew anything so we could take that with us. I was thinking maybe a 457 is a temporary 'permanent residence' and I could sponsor her. There will be a way, just need to find it.

George Lombard

Hi Polly,

Billy just needs to get the company to agree to her being included on the 457 and then she applies for a 457. I think you can even do it online these days.

Cheers,

George Lombard

Billy_NoMates

Can they do that retrospectively though?
]I've had the 457 since mid Oct. I have asked for a 457 for her but they said no as she isn't working for the company.

Can they now say she should have been included on the original 457? The company has since changed its policy on spouses so they are included.

Pollyana

Sounds good to me, wasn't sure whether they could do that but it seems the perfect answer. Thanks George

George Lombard

Billy,

If the company won't sponsor spouses then get another sponsor or ditch the spouse.

If they will allow her to be with you now and included in their 457 obligations then they should figure out how to do that and let you know. The picture you're painting isn't exactly of a model employer.

Speaking of less than model employers, there's a famous story in the UN about an official who's being posted to Liberia or some other god forsaken place and he says to the HR guy "what about my wife" to which the HR guy says "not my problem, I'm not married to her".

So count your blessings or change something :-)

Cheers,

George Lombard

Billy_NoMates

Thanks for the info George. They are a very flexible company and have bent over backwards for us apart from this oversight. A friend went for a similar job as me but a different company. He said '457 will get me started as soon as possible'. They basically said NO WAY. I don't see what is wrong with giving her a 457 as she would have been on my 457 and hence the company would have had the same obligations. The only other thing is the missus wants to work and a 457 wouldn't give her the right to work. She just wants a temporary visa until we get our 136 PR visa.

Gems

Your wife can work if you are on a 457 visa. I know several families who are on this visa and the wife works. One who only got here a couple of weeks ago start work about 2 weeks after arrival.

A wife/partner and kids can be included on this visa. My hubby got the 457 and we were all added on the application.

GEMS

Billy_NoMates

That's good to know. But our downfall is that she wasn't included on the original applicaton. An oversight by all parties.

JAJ

Where did you get that information from?

George Lombard

Hi Billy,

I'd be talking to an agent if the employer won't help immediately. There's too much misinformation in your posts.

Cheers,

George Lombard

Billy_NoMates

I rang the Adelaide Skills Processing Centre in August to find out how long it takes. The woman told me 6 months minimum and usually about 12 months to grant a visa, even with a job offer. That's from the time they start processing it, doesn't include the wait for acknowledgement etc. At that point (about 9/8/07ish) they were 17 weeks behind with receipting documents.

Billy_NoMates

Thanks again George. It's difficult to say what happened etc concisely and clearly in a forum. Going to immigration today.

JAJ

And you define that as "a couple of light years?"